I am no legal expert, but the purpose of the exclusionary rule is to discourage police from illegally gathering evidence, not to provide relief. See WARDEN v. HAYDEN, 387 U.S. 294 (1967)
> Just as the suppression of evidence does not require the return of such items as contraband, the introduction of "mere evidence" does not entitle the State to its retention if it is being wrongfully withheld. Pp. 307-308.
So just because the cocaine can't be used as evidence, doesn't mean that the police have to give it back -- it's still contraband. Maybe they would destroy it if they have no other use for it. But Alice would get her car back, if it were seized with the cocaine.
As for future prosecution, nobody is exempt, but the prosecution would probably have to come up with new charges (due the fifth amendment double jeopardy clause). Waiting a few weeks would not change legal circumstances and a judge would see right through such trickery, but if I were Alice or Bob I would keep my nose clean for a while.
> Just as the suppression of evidence does not require the return of such items as contraband, the introduction of "mere evidence" does not entitle the State to its retention if it is being wrongfully withheld. Pp. 307-308.
So just because the cocaine can't be used as evidence, doesn't mean that the police have to give it back -- it's still contraband. Maybe they would destroy it if they have no other use for it. But Alice would get her car back, if it were seized with the cocaine.
As for future prosecution, nobody is exempt, but the prosecution would probably have to come up with new charges (due the fifth amendment double jeopardy clause). Waiting a few weeks would not change legal circumstances and a judge would see right through such trickery, but if I were Alice or Bob I would keep my nose clean for a while.